no effect since that time. The state department of education, under the direction of the superintendent of public instruction, has taken the place of the board of education. Several attempts have been made to revive this article of the constitution, but without success.

School Funds and School Lands.-The second division of this article places the school funds and school lands under the control of the general assembly. The proceeds arising from the rent or sale of the university lands constitute a fund for the use of the state university, and the interest arising from this fund is annually appropriated for the support and benefit of that institution. A history of the university will be found in the chapter entitled "State Institutions."

School Fund.-By section three, very liberal appropriations are made for the benefit of the common schools. The general assembly is instructed to encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The different sources from which the permanent school fund is derived, have been mentioned in another part of this volume. The money paid by persons for exemption from military duty, and the net proceeds of all fines collected in the several counties for any violation of the penal laws of the state, are applied for the benefit of the common schools in the counties in which the money is collected. All fines and forfeitures of this kind are distributed among the different school districts according to the number of persons of school age, to be used for the support of the schools, or the establishment of libraries.

The financial agents of all school funds are the same as chose authorized by law to receive and control the revenue

of the state and of the different counties.

The distribution of all money, except what is raised by direct tax, for the support of the common schools is made in proportion to the number of persons between the ages of five and twenty-one years.

CHAPTER XXIL

ARTICLE X.-AMENDMENTS.

Manner of Amending.-It is evident that no constitution can be prepared to meet the wants of all future times and generations. The best governments on earth are imperfect, and require alterations from time to time. All constitutions provide for their own amendment, but the process differs in different states. The process of amending the constitution of this state is quite lengthy, but it insures the people against hasty action. An amendment may be proposed in either house of the general assembly, and, if a majority of all the members of each house favor it, it is entered upon both journals with the yeas and nays, and referred to the next general assembly at its regular session. The amendment, as adopted by the first general assembly to which it was submitted, is published in the papers designated by law, for three months previous to the election of members of the next general assembly. If ratified by a majority of the second general assembly, the proposition is then referred to the electors of the state, and if a majority of the votes cast are in favor of it. it becomes a part of the supreme law of the state.

Amendments Adopted.-The first amendment extended the right of suffrage by striking the word "white" from articles two, three, and six of the constitution. The second, or prohibitory amendment, was ratified by the people at a special election on the 27th of June, 1882. but it

In

was declared unconstitutional by the supreme court. November, 1884, four amendments were ratified by the people. The first changed the time of holding all general elections to the Tuesday next after the first Monday in November. The second gave the general assembly power to change the organization of the state for district court purposes. The third provided for abolishing the grand jury, or changing the number of members of that body to not less. than five, nor more than fifteen, according to the decision of the general assembly. The fourth amended section. thirteen of article five of the constitution, so as to abolish the office of district attorney and provide for the election of a county attorney in each county.

ARTICLE XI.-MISCELLANEOUS.

Justices of the Peace.--Section one provides that the jurisdiction of justices of the peace shall extend to all civil cases (except chancery cases and real estate titles), where the amount does not exceed one hundred dollars. By the consent of both parties, the jurisdiction may be extended to any amount not exceeding three hundred dollars.

New Counties.-The second section declares that no new county. containing less than four hundred and thirtytwo square miles, can be created. The territory of any organized county cannot be reduced below that size. Provision is made for the organization of Worth and other counties lying to the west of it along the northern boundary of the state, without additional territory. An act of the general assembly passed in January, 1870, erected the county of Crocker from the northern three tiers of townships in Kossuth county, but the supreme court declared the act unconstitutional in December of the following year.

Limit of Indebtedness. Section three provides that no county, or other political or municipal corporation, can become indebted in any manner, or for any purpose, to exceed the amount of five per cent. of the value of its taxable property. The value of the property of the county or other corporation is determined by the last state and county tax-lists previous to the time the debt was incurred.

Area. -The next section provides that the boundaries of the state may be enlarged, with the consent of congress and the general assembly. According to the latest surveys, the area of the state comprises fifty-six thousand and twenty-five square miles. There are ninety-nine counties, and all but twenty-seven of them have been organized since the state was admitted into the Union, as stated elsewhere.

Oath of Office.-Section five is as follows: "Every person, elected or appointed to any office, shall, before entering upon the discharge of the duties thereof, take an oath or affirmation to support the constitution of the United States, and of this state, and also an oath of office." The form of the oath is given elsewhere. The sixth section provides that persons elected to fill vacancies in office shall serve for the remainder of the unexpired term only, and all persons appointed to fill vacancies in office shall hold until the next general election, and until their successors are elected and qualified.

Capital, etc.-The seventh section prohibits the general assembly from locating any of the public lands which have been, or may be granted by congress to this state, upon lands actually settled, without the consent of the occupant. The last section establishes the seat of government permanently at Des Moines, in the county of Polk, and the State University at Iowa City, in Johnson county.